Present text

Amendment

2. The committee shall make a proposal for a decision which simply recommends the adoption or rejection of the request for the waiver of immunity or for the defence of immunity and privileges.

2. The committee shall make a proposal for a reasoned decision which recommends the adoption or rejection of the request for the waiver of immunity or for the defence of immunity and privileges.

Justification

The amendment takes account of the judgment of the Court of First Instance of 15 October 2008 in Case T - 345/05 (Ashley Neil Mote). It corresponds at the same time to the obligation to state reasons for legal acts which, by virtue of the Treaty of Lisbon, from now on, applies explicitly also to the European Parliament (Article 296 of the Treaty on the Functioning of the European Union).

Present text

Amendment

Unless otherwise stipulated, the rules governing implementation of the Statute for Members of the European Parliament shall be laid down by the Bureau.

Unless otherwise stipulated, the rules governing implementation of the Statute for Members of the European Parliament shall be determined by Parliament on the basis of a recommendation from the committee responsible.

Justification

At the time of drafting of the Statute for Members it was understood that the implementation and fleshing-out of those provisions of the Statute which were insufficiently detailed would require a decision by the Parliament in plenary sitting. Unlike a decision taken exclusively by the Bureau, this procedure has the advantage of offering a much higher degree of transparency, as well as involving all Members in drawing up the rules pertaining to them and making all Members responsible for their definition.

Present text

Amendment

3a. Paragraph 1 shall apply mutatis mutandis pending the entry into force of the arrangement1 whereby a number of additional seats in Parliament are allocated to certain Member States until the end of the seventh parliamentary term. The Member States concerned shall be invited to designate observers in accordance with their national law.

____________________________

1 Pursuant to the conclusions of the European Council of 11 and 12 December 2008.

Justification

The amendment means that the new Rule on observers introduced into the Rules of Procedure on May 6 2009 applies also to observers who may be invited by Parliament, with a view to the additional seats allocated to certain Member States, after the entry into force of the Treaty of Lisbon. It leaves with the new Member States the choice of the option for the designation of their observers, in the light of the conclusions of the European Council of 18 and 19 June 2009.

Present text

Amendment

2. The Bureau shall take financial, organisational and administrative decisions on matters concerning Members and the internal organisation of Parliament, its Secretariat and its bodies.

2. The Bureau shall take financial, organisational and administrative decisions on matters concerning the internal organisation of Parliament, its Secretariat and its bodies.

2a. The Bureau shall take financial, organisational and administrative decisions on matters concerning Members on a proposal of the Secretary-General or a political group.

Justification

Clarification: there is no clear rule concerning the right to table texts or amendments to meetings of the Bureau. Where matters relating to Members are concerned the political groups should be given the formal capacity to table texts and amendments which will be discussed and voted.

Present text

Amendment

11a. The Bureau shall nominate two or more Vice-Presidents who shall be entrusted with the implementation of relations with national parliaments.

They shall report back regularly to the Conference of Presidents on their activities in this regard.

(The second and third sentences of Rule 25 (3) shall be deleted if this amendment is adopted)

Present text

Amendment

Rule 36

Rule 36

Examination of respect for fundamental rights, the principles of subsidiarity and proportionality, the rule of law, and financial implications

Respect for the Charter of Fundamental Rights of the European Union

During the examination of a legislative proposal, Parliament shall pay particular attention to respect for fundamental rights and in particular that the legislative act is in conformity with the European Union Charter of Fundamental Rights, the principles of subsidiarity and proportionality and the rule of law. In addition, where a proposal has financial implications, Parliament shall establish whether sufficient financial resources are provided.

1. Parliament shall in all its activities fully respect fundamental rights as laid down in the Charter of Fundamental Rights of the European Union.

Parliament shall also fully respect the rights and principles enshrined in Article 2 and in Article 6(2) and (3) of the Treaty on European Union.

2. Where the committee responsible, a political group or at least 40 Members are of the opinion that a proposal for a legislative act or parts of it do not comply with rights enshrined in the Charter of Fundamental Rights of the European Union, the matter shall, at their request, be referred to the committee responsible for the interpretation of the Charter of Fundamental Rights. The opinion of that committee shall be annexed to the report of the committee responsible.

(See amendments to Rule 38 – paragraph -1 (new), and to Rule 38 a (new))

Justification

Introduces a new procedure for the scrutiny of the respect of fundamental rights. Constitutes also a minority right.

Present text

Amendment

-1. Where a proposal for a legislative act has financial implications, Parliament shall establish whether sufficient financial resources are provided.

(Text of the amendment identical with Rule 36, last phrase)

Present text

Amendment

Rule 38a

Examination of respect for the principle of subsidiarity

1. During the examination of a proposal for a legislative act, Parliament shall pay particular attention to respect for the principles of subsidiarity and proportionality.

2. The committee responsible for respect of the principle of subsidiarity may decide to make recommendations for the attention of the committee responsible in respect of any proposal for a legislative act.

3. If a national Parliament sends the President a reasoned opinion in accordance with Article 3 of the Protocol on the role of national Parliaments in the European Union and Article 6 of the Protocol on the application of the principles of subsidiarity and proportionality, that document shall be referred to the committee responsible and forwarded for information to the committee responsible for respect of the principle of subsidiarity.

4. Except in the cases of urgency referred to in Article 4 of the Protocol on the role of national Parliaments in the European Union, the committee shall not proceed to its final vote before the expiry of the deadline of eight weeks laid down in Article 6 of the Protocol on the application of the principles of subsidiarity and proportionality.

5. Where reasoned opinions alleging non-compliance of a draft legislative act with the principle of subsidiarity represent at least one third of all the votes allocated to the national Parliaments or a quarter in the case of a draft legislative act submitted on the basis of Article 76 of the Treaty on the Functioning of the European Union, Parliament shall not take a decision until the author of the proposal has stated how it intends to proceed.

6. Where, under the ordinary legislative procedure, reasoned opinions alleging non-compliance of a proposal for a legislative act with the principle of subsidiarity represent at least a simple majority of the votes allocated to the national Parliaments, the committee responsible, having considered the reasoned opinions submitted by the national Parliaments and the Commission, and having heard the views of the committee responsible for respect of the principle of subsidiarity, may recommend to Parliament that it reject the proposal on the grounds of infringement of the principle of subsidiarity or submit to Parliament any other recommendation, which may include suggestions for amendment related to respect of the principle of subsidiarity. The opinion given by the committee responsible for respect of the principle of subsidiarity shall be annexed to any such recommendation.

The recommendation shall be submitted to Parliament for a debate and vote. If a recommendation to reject the proposal is adopted by a majority of the votes cast, the President shall declare the procedure closed. Where Parliament does not reject the proposal, the procedure shall continue, taking into account any recommendations approved by Parliament.

Justification

Transposes the new procedures for the national Parliaments with regard to the respect for the principle of subsidiarity (‘yellow card’ procedure and ‘orange card’ procedure) into the Rules of Procedure.

Present text

Amendment

Consultation on initiatives originating from a Member State

Legislative procedures on initiatives originating from a Member State

1. Initiatives originating from a Member State pursuant to Article 67(1) of the EC Treaty or Articles 34(2) and 42 of the EU Treaty shall be dealt with pursuant to this Rule and to Rules 36 to 39, 43 and 55.

1. Initiatives originating from a Member State pursuant to Article 76 of the Treaty on the Functioning of the European Union shall be dealt with pursuant to this Rule and to Rules 36 to 39, 43 and 55.

2. The committee responsible may invite a representative of the originating Member State to present its initiative to the committee. The representative may be accompanied by the Presidency of the Council.

2. The committee responsible may invite representatives of the originating Member States to present their initiative to the committee. The representatives may be accompanied by the Presidency of the Council.

3. Before the committee responsible proceeds to the vote, it shall ask the Commission whether it has prepared a position on the initiative and if so request the Commission to state its position to the committee.

3. Before the committee responsible proceeds to the vote, it shall ask the Commission whether it has prepared a position on the initiative and if so request the Commission to state its position to the committee.

4. When two or more proposals originating from the Commission and/or the Member States with the same legislative objective have been submitted to Parliament simultaneously or within a short period of time, Parliament shall deal with them in a single report. In its report, the committee responsible shall indicate to which text it has proposed amendments and it shall refer to all other texts in the legislative resolution.

4. When two or more proposals originating from the Commission and/or the Member States with the same legislative objective have been submitted to Parliament simultaneously or within a short period of time, Parliament shall deal with them in a single report. In its report, the committee responsible shall indicate to which text it has proposed amendments and it shall refer to all other texts in the legislative resolution.

5. The time period referred to in Article 39(1) of the EU Treaty shall commence when it is announced in plenary that Parliament has received, in the official languages, an initiative, together with an explanatory statement confirming the initiative’s conformity with the Protocol on the application of the principles of subsidiarity and proportionality annexed to the EC Treaty.

Present text

Amendment

In the event of referral back, the committee responsible shall, orally or in writing, report back to Parliament within a period decided by Parliament which may not exceed two months.

In the event of referral back, the committee responsible shall decide on the procedure to be followed and shall, orally or in writing, report back to Parliament within a period decided by Parliament which may not exceed two months.

Justification

Gives the committee responsible a margin to act, including the possibility to present a report.

Present text

Amendment

1. In the period following the adoption by Parliament of its position on a proposal by the Commission, the chair and the rapporteur of the committee responsible shall monitor the progress of the proposal in the course of the procedure leading to its adoption by the Council, notably to ensure that the undertakings made by the Council or the Commission to Parliament with respect to its amendments are properly observed.

1. In the period following the adoption by Parliament of its position on a proposal by the Commission, the chair and the rapporteur of the committee responsible shall monitor the progress of the proposal in the course of the procedure leading to its adoption by the Council, notably to ensure that the undertakings made by the Council or the Commission to Parliament with respect to its position are properly observed.

Justification

Technical and terminological adaptation.

Present text

Amendment

Codecision procedure

Ordinary legislative procedure

(Horizontal amendment: the words "codecision", "codecision procedure" shall be replaced throughout the entire text of the Rules of Procedure by the words "ordinary legislative procedure".)

Present text

Amendment

Rule 60

deleted

Conciliation procedure contained in the 1975 joint declaration

1. Where, in the case of certain important Community decisions, the Council intends to depart from the opinion of Parliament, a procedure for conciliation with the Council, with the active participation of the Commission, may be opened by Parliament when delivering its opinion.

2. This procedure shall be initiated by Parliament, either at its own or at the Council’s initiative.

3. For the composition and procedure of the delegation to the conciliation committee and the reporting of the results to Parliament, Rule 68 shall apply.

4. The committee responsible shall report on the results of the conciliation. This report shall be debated and voted on by Parliament.

Justification

With the new provisions on the budget and the multiannual financial framework, the 1975 joint declaration becomes obsolete.

Present text

Amendment

Communication of the Council’s common position

Communication of the Council’s position

(Horizontal amendment: the words "Council’s common position", "common position of the Council" or "common position" shall be replaced throughout the entire text of the Rules of Procedure by the words "Council’s position", "position of the Council" or "position".)

Justification

Technical and terminological adaptation.

Present text

Amendment

For any extension of time limits pursuant to Article 252(g) of the EC Treaty or Article 39(1) of the EU Treaty the President shall seek the agreement of the Council.

deleted

Justification

The Treaty of Lisbon no longer contains the provisions to which this provision refers.

Present text

Amendment

2. The President shall notify Parliament of any extension of time-limits pursuant to Article 251(7) of the EC Treaty, whether at the initiative of Parliament or of the Council.

2. The President shall notify Parliament of any extension of time-limits pursuant to Article 294(14) of the Treaty on the Functioning of the European Union, whether at the initiative of Parliament or of the Council.

(Horizontal amendment: the numbering of Articles in the EU Treaty and the EC Treaty are adapted throughout the Rules of Procedure to the consolidated version of the Treaty on European Union and of the Treaty on the Functioning of the European Union.)

Justification

Technical and terminological adaptation.

Present text

Amendment

3. The President, after consulting the chair of the committee responsible, may agree to a Council request to extend any time-limits pursuant to Article 252(g) of the EC Treaty.

deleted

Justification

See amendment to Rule 62 – paragraph 1 – subparagraph 2.

Present text

Amendment

4. By way of derogation from paragraph 3, if a rejection by Parliament falls under the provisions of Article 252 of the EC Treaty, the President shall request the Commission to withdraw its proposal. If the Commission does so, the President shall announce in Parliament that the legislative procedure is closed.

deleted

Justification

Article 252 of the EC Treaty has been deleted.

Present text

Amendment

CHAPTER 6a

Institutional Matters

Present text

Amendment

Rule 74a

Ordinary Treaty revision

1. In accordance with Rules 41 and 48 the committee responsible may submit to Parliament a report containing proposals to the Council for amendment of the Treaties.

2. If the European Council decides to convene a Convention, the representatives of Parliament shall be appointed by Parliament upon a proposal by the Conference of Presidents.

Parliament’s delegation shall elect its leader and its candidates for membership of any steering group or bureau set up by the Convention.

3. Where the European Council requests Parliament’s consent in relation to a decision not to convene a Convention for the examination of proposed amendments of the Treaties, the matter shall be referred to the committee responsible in accordance with Rule 81.

Justification

It may not always be most efficient to have the Parliament’s delegation chaired by a member of the Convention’s steering group, bureau or presidium.

Present text

Amendment

Rule 74b

Simplified Treaty revision

In accordance with Rules 41 and 48 the committee responsible may submit to Parliament, in accordance with the procedure laid down in Article 48(6) of the Treaty on European Union, a report containing proposals to the European Council for revision of all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union.

Justification

Reflects the new right for Parliament to propose Treaty changes introduced by the Treaty of Lisbon.

Present text

Amendment

Rule 74c

Accession treaties

1. Any application by a European State to become a member of the European Union shall be referred for consideration to the committee responsible.

2. Parliament may decide, on a proposal from the committee responsible, a political group or at least 40 Members, to request the Commission and the Council to take part in a debate before negotiations with the applicant State commence.

3. Throughout the negotiations the Commission and the Council shall inform the committee responsible regularly and thoroughly of the progress in the negotiations, if necessary on a confidential basis.

4. At any stage of the negotiations Parliament may, on the basis of a report from the committee responsible, adopt recommendations and require these to be taken into account before the conclusion of a Treaty for the accession of an applicant State to the European Union.

5. When the negotiations are completed, but before any agreement is signed, the draft agreement shall be submitted to Parliament for consent in accordance with Rule 81.

(Rule 89 will be deleted if this amendment is adopted.)

Present text

Amendment

Rule 74d

Withdrawal from the Union

If a Member State decides, pursuant to Article 50 of the Treaty on European Union, to withdraw from the Union, the matter shall be referred to Parliament’s committee responsible. Rule 74c shall apply mutatis mutandis. Parliament shall decide on consent to an agreement on the withdrawal by a majority of the votes cast.

Justification

Caters for the new possibility to withdraw from the Union.

Present text

Amendment

Rule 74e

Breach by a Member State of fundamental principles

1. Parliament may, on the basis of a specific report of the committee responsible drawn up in accordance with Rules 41 and 48:

(a) vote on a reasoned proposal calling on the Council to act pursuant to Article 7(1) of the Treaty on European Union;

(b) vote on a proposal calling on the Commission or the Member States to submit a proposal pursuant to Article 7(2) of the Treaty on European Union;

(c) vote on a proposal calling on the Council to act pursuant to Article 7(3) or, subsequently, Article 7(4) of the Treaty on European Union.

2. Any request from the Council for consent in relation to a proposal submitted pursuant to Article 7(1) and (2) of the Treaty on European Union along with the observations submitted by the Member State in question shall be announced to Parliament and referred to the committee responsible in accordance with Rule 81. Except in urgent and justified circumstances, Parliament shall take its decision on a proposal from the committee responsible.

3. Decisions under paragraphs 1 and 2 shall require a two-thirds majority of the votes cast, constituting a majority of Parliament’s component Members.

4. Subject to the authorisation of the Conference of Presidents, the committee responsible may submit an accompanying motion for a resolution. That motion for a resolution shall set out Parliament’s views on a serious breach by a Member State, on the appropriate sanctions and on varying or revoking those sanctions.

5. The committee responsible shall ensure that Parliament is fully informed and, where necessary, asked for its views on all follow-up measures to its consent as given pursuant to paragraph 3. The Council shall be invited to outline developments as appropriate. On a proposal from the committee responsible, drawn up with the authorisation of the Conference of Presidents, Parliament may adopt recommendations to the Council.

(Rule 102 will be deleted if this amendment is adopted)

Justification

Reproduces, with slight changes, the wording of the current Rule 102.

Present text

Amendment

Rule 74f

Composition of Parliament

In due time before the end of a parliamentary term, Parliament may, on the basis of a report drawn up by its committee responsible in accordance with Rule 41, make a proposal to modify its composition. The European Council’s draft decision establishing the composition of Parliament shall be examined in accordance with Rule 81.

Justification

Corresponds to the new right of initiative pursuant to Article 14, paragraph 2, subparagraph 2 TEU.

Present text

Amendment

Rule 82

Rule 74g

Procedures in Parliament

Enhanced cooperation between Member States

1. Requests by Member States or Commission proposals to introduce enhanced cooperation between Member States and consultations of Parliament pursuant to Article 40a(2) of the EU Treaty shall be referred by the President to the committee responsible for consideration. Rules 37, 38, 39, 43, 53 to 60 and 81 shall apply as appropriate.

1. Requests to introduce enhanced cooperation between Member States pursuant to Article 20 of the Treaty on European Union shall be referred by the President to the committee responsible for consideration. Rules 37, 38, 39, 43, 53 to 59 and 81 shall apply as appropriate.

2. The committee responsible shall verify compliance with Article 11 of the EC Treaty and Articles 27a, 27b, 40, 43, 44 and 44a of the EU Treaty.

2. The committee responsible shall verify compliance with Article 20 of the Treaty on European Union and Articles 326 to 334 of the Treaty on the Functioning of the European Union.

3. Subsequent acts proposed under enhanced cooperation, once it is established, shall be dealt with in Parliament under the same procedures as when enhanced cooperation does not apply.

3. Subsequent acts proposed under enhanced cooperation, once it is established, shall be dealt with in Parliament under the same procedures as when enhanced cooperation does not apply. Rule 43 shall apply.

Present text

Amendment

Rule 75

deleted

General Budget

Implementing procedures for examination of the General Budget of the European Union and supplementary budgets, in accordance with the financial provisions of the Treaties establishing the European Communities, shall be adopted by resolution of Parliament and annexed to these Rules1.

1 See Annex V.

(Annex V will be deleted if this and the related amendments are adopted)

Justification

As Annex V is integrated into the Rules, this provision is no longer needed.

Present text

Amendment

Rule 75a

Multiannual financial framework

Where the Council requests Parliament’s consent concerning the proposal for a regulation laying down the multiannual financial framework, the matter shall be referred to the committee responsible in accordance with the procedure laid down in Rule 81. Parliament’s consent shall require the votes of a majority of its component Members.

Justification

Reflects the fact that the Multiannual financial framework has become a legislative act needing the consent of Parliament.

Present text

Amendment

Rule 75b

1. The following documents shall be made available to Members:

(a) the draft budget presented by the Commission;

(b) a summary by the Council of its deliberations on the draft budget;

(c) the Council’s position on the draft budget drawn up pursuant to Article 314(3) of the Treaty on the Functioning of the European Union;

(d) any draft decision on the provisional twelfths pursuant to Article 315 of the Treaty on the Functioning of the European Union.

2. Those documents shall be referred to the committee responsible. Any committee concerned may deliver an opinion.

3. If other committees wish to deliver opinions, the President shall set the time limit within which these are to be communicated to the committee responsible.

(Article 1 of Annex V will be deleted if this amendment is adopted)

Present text

Amendment

Rule 75c

Consideration of the draft budget – first stage

1. Subject to the conditions set out below, any Member may table and speak in support of draft amendments to the draft budget.

2. Draft amendments shall be admissible only if they are presented in writing, bear the signatures of at least 40 Members or are tabled on behalf of a political group or committee, specify the budget heading to which they refer and ensure the maintenance of a balance between revenue and expenditure. Draft amendments shall include all relevant information on the remarks to be entered against the budget heading in question.

All draft amendments to the draft budget must be justified in writing.

3. The President shall set the time limit for the tabling of draft amendments.

4. The committee responsible shall deliver its opinion on the texts submitted before they are discussed in Parliament.

Draft amendments which have been rejected in the committee responsible shall not be put to the vote in Parliament unless this has been requested in writing, before a deadline to be set by the President, by a committee or at least 40 Members; that deadline may on no account be less than 24 hours before the start of the vote.

5. Draft amendments to the estimates of Parliament which are similar to those already rejected by Parliament at the time when the estimates were drawn up shall be discussed only where the committee responsible has delivered a favourable opinion.

6. Notwithstanding Rule 55(2) of the Rules of Procedure, Parliament shall take separate and successive votes on:

– each draft amendment,

– each section of the draft budget,

– a motion for a resolution concerning the draft budget.

However, Rule 161(4) to (8) shall apply.

7. Articles, chapters, titles and sections of the draft budget in respect of which no draft amendments have been tabled shall be deemed adopted.

8. Draft amendments shall require for adoption the votes of a majority of the component Members of Parliament.

9. If Parliament has amended the draft budget, the draft budget thus amended shall be forwarded to the Council and the Commission, together with the justifications.

10. The minutes of the sitting at which Parliament delivered its opinion on the draft budget shall be forwarded to the Council and the Commission.

(Article 3 of Annex V will be deleted if this amendment is adopted)

Present text

Amendment

Rule 75d

Financial trialogue

The President shall participate in regular meetings between the Presidents of the European Parliament, the Council and the Commission convened, on the initiative of the Commission, under the budgetary procedures referred to in Title II of Part Six of the Treaty on the Functioning of the European Union. The President shall take all necessary steps to promote consultation and reconciliation of the positions of the institutions in order to facilitate the implementation of the procedures aforementioned.

The President of Parliament may delegate this task to a Vice-President having experience in budgetary matters or to the Chair of the committee responsible for budgetary issues.

Present text

Amendment

Rule 75e

Budgetary conciliation

1. The President shall convene the Conciliation Committee in accordance with Article 314(4) of the Treaty on the Functioning of the European Union.

2. The delegation representing Parliament at meetings of the Conciliation Committee in the budgetary procedure shall consist of a number of members equal to that of the Council delegation.

3. The members of the delegation shall be appointed by the political groups each year prior to Parliament’s vote on the Council’s position, preferably from amongst the members of the committee responsible for budgetary issues and other committees concerned. The delegation shall be led by the President of Parliament. The President may delegate this role to a Vice-President having experience in budgetary matters or to the Chair of the committee responsible for budgetary issues.

4. Rule 68(2), (4), (5), (7) and (8) shall apply.

5. Where agreement on a joint text is reached within the Conciliation Committee, the matter shall be placed on the agenda of a sitting of Parliament to be held within 14 days from the date of that agreement. The joint text shall be made available to all Members. Rule 69(2) and (3) shall apply.

6. The joint text as a whole shall be subject to a single vote. The vote shall be taken by a roll-call vote. The joint text shall be deemed to be approved unless it is rejected by a majority of the component Members of the Parliament.

7. If Parliament approves the joint text whilst the Council rejects it, the committee responsible may table all or some of Parliament’s amendments to the Council’s position for a confirmation in accordance with point (d) of Article 314(7) of the Treaty on the Functioning of the European Union.

The vote on the confirmation shall be placed on the agenda of a sitting of Parliament to be held within 14 days from the date of the communication by the Council of its rejection of the joint text.

The amendments shall be deemed to be confirmed if they are approved by a majority of the component Members of Parliament and three fifths of the votes cast.

Present text

Amendment

Rule 75f

Final adoption of the budget

Where the President is satisfied that the budget has been adopted in accordance with the provisions of Article 314 of the Treaty on the Functioning of the European Union, he shall declare in Parliament that the budget has been finally adopted. He shall arrange for its publication in the Official Journal of the European Union.

(Article 4 of Annex V will be deleted if this amendment is adopted)

Present text

Amendment

Rule 75g

Provisional twelfths system

1. Any decision by the Council authorising expenditure in excess of the provisional one twelfth for expenditure shall be referred to the committee responsible.

2. The committee responsible may table a draft decision to reduce the expenditure referred to in paragraph 1. Parliament shall decide on it within 30 days after the adoption of the Council’s decision.

3. Parliament shall act by a majority of its component Members.

(Article 7 of Annex V will be deleted if this amendment is adopted)

Present text

Amendment

Rule 79a

Procedure to be applied when drawing up Parliament’s estimates

1. As regards Parliament’s budget, the Bureau and the committee responsible for the budget shall take decisions in successive stages on:

(a) the establishment plan;

(b) the preliminary draft and the draft estimates.

2. The decisions concerning the establishment plan will be taken in accordance with the following procedure:

(a) the Bureau shall draw up the establishment plan for each financial year;

(b) a conciliation procedure between the Bureau and the committee responsible for the budget shall be opened in cases where the opinion of the latter diverges from the initial decisions taken by the Bureau;

(c) at the end of the procedure, the Bureau shall take the final decision on the estimates for the establishment plan, in accordance with Rule 207(3), without prejudice to decisions taken pursuant to Article 314 of the Treaty on the Functioning of the European Union.

3. As regards the estimates proper, the procedure for drawing up the estimates will begin as soon as the Bureau has taken a final decision on the establishment plan. The stages of that procedure will be those laid down in Rule 79. A conciliation procedure shall be opened in cases where the positions of the committee responsible for budgetary issues and of the Bureau are widely divergent.

(Rule 79(7) and Article 8 of Annex V will be deleted, if this amendment is adopted)

Present text

Amendment

Assent procedure

Consent procedure

(Horizontal amendment: the word "assent" shall be replaced throughout the entire text of the Rules of Procedure by the word "consent".)

Justification

Technical and terminological adaptation.

Present text

Amendment

1. Where Parliament is requested to give its assent to a proposed act, it shall take a decision on the basis of a recommendation from the committee responsible to approve or reject the act.

1. Where Parliament is requested to give its consent to a proposed act, it shall take a decision on the basis of a recommendation from the committee responsible to approve or reject the act.

Parliament shall take a decision on the act requiring its assent under the EC or EU Treaty by means of a single vote, and no amendments may be tabled. The majority required for the adoption of the assent shall be the majority indicated in the article of the EC Treaty or of the EU Treaty that constitutes the legal basis for the proposed act.

Parliament shall take a decision on the act requiring its consent under the Treaty on European Union or the Treaty on the Functioning of the European Union by means of a single vote, and no amendments may be tabled. The majority required for the adoption of the consent shall be the majority indicated in the article of the Treaty on European Union or of the Treaty on the Functioning of the European Union that constitutes the legal basis for the proposed act.

Justification

Terminological adaptation.

Present text

Amendment

2. For accession treaties and international agreements and determination of a serious and persistent breach of common principles by a Member State, Rules 89, 90 and 102 shall apply respectively. For an enhanced cooperation procedure in an area covered by the procedure laid down in Article 251 of the EC Treaty, Rule 82 shall apply.

2. For accession treaties and international agreements and determination of a serious and persistent breach of common principles by a Member State, Rules 89, 90 and 102 shall apply respectively. For an enhanced cooperation procedure in an area covered by the ordinary legislative procedure, Rule 82 shall apply.

(Horizontal amendment: the words ‘procedure laid down in Article 251 of the EC Treaty’ shall be replaced throughout the entire text of the Rules of Procedure by the words ‘ordinary legislative procedure’.)

Present text

Amendment

3. Where Parliament’s assent is required for a legislative proposal, the committee responsible may decide, in order to facilitate a positive outcome of the procedure, to present an interim report on the Commission proposal to Parliament with a motion for a resolution containing recommendations for modification or implementation of the proposal.

3. Where Parliament’s consent is required for a proposed legislative act or an envisaged international treaty, the committee responsible may decide, in order to facilitate a positive outcome of the procedure, to present an interim report on the proposal to Parliament with a motion for a resolution containing recommendations for modification or implementation of the proposed act.

If Parliament approves at least one recommendation the President shall request further discussion with the Council.

The committee responsible shall make its final recommendation for the assent of Parliament in the light of the outcome of the discussion with the Council.

(Horizontal amendment: with the exception of Rules 56 and 57, the words ‘Commission proposal’ and ‘legislative proposal’ shall be replaced throughout the entire text of the Rules of Procedure by the words ‘proposal for a legislative act’ or ‘proposed legislative act’ as grammatically appropriate.)

Present text

Amendment

Rule 87a

Delegated acts

Where a legislative act delegates to the Commission the power to supplement or amend certain non-essential elements of a legislative act, the committee responsible:

– shall examine any draft delegated act where it is transmitted to Parliament for scrutiny;

– may submit to Parliament in a motion for a resolution any appropriate proposal in accordance with the provisions of the legislative act.

The provisions of Rule 88 shall apply mutatis mutandis.

Justification

The Rule is intended to transpose the new regime of delegated acts into the Rules of Procedure.

Present text

Amendment

TITLE IIa

EXTERNAL RELATIONS

Justification

Introduced to highlight the importance of this item.

Present text

Amendment

TREATIES AND INTERNATIONAL AGREEMENTS

INTERNATIONAL AGREEMENTS

Justification

Consequence of the reorganisation of chapters.

Present text

Amendment

Rule 92

deleted

Appointment of the High Representative for the common foreign and security policy

1. Prior to the appointment of a High Representative for the common foreign and security policy, the President shall invite the President-in-Office of the Council to make a statement to Parliament, pursuant to Article 21 of the EU Treaty. The President shall invite the President of the Commission to make a statement at the same time.

2. Upon the appointment of the new High Representative for the common foreign and security policy, pursuant to Article 207(2) of the EC Treaty, and before officially taking office, the High Representative shall be invited by the President to make a statement to, and answer questions from, the committee responsible.

3. Following the statements and answers referred to in paragraphs 1 and 2 and at the initiative of the committee responsible, or in accordance with Rule 121, Parliament may make a recommendation.

Justification

The High Representative for common foreign and security policy becomes a member of the Commission. Special provisions are therefore no longer necessary.

Present text

Amendment

Appointment of special representatives for the purposes of the common foreign and security policy

Special representatives

Present text

Amendment

4a. A special representative appointed by the Council with a mandate in relation to particular policy issues may be invited by Parliament, or may ask to be invited, to make a statement to the committee responsible.

(Rule 94(3) will be deleted if this amendment is adopted)

Justification

This wording allows to invite special representatives when necessary and not only at the occasion of their appointment.

Present text

Amendment

Rule 94

deleted

Statements by the High Representative for the common foreign and security policy and by other special representatives

1. The High Representative shall be invited to make statements in Parliament at least four times a year. Rule 110 shall apply.

2. The High Representative shall be invited at least four times a year to attend meetings of the committee responsible in order to make a statement and answer questions. The High Representative may also be invited, or may ask to be invited, on other occasions, whenever the committee considers this to be necessary.

3. Whenever a special representative is appointed by the Council with a mandate in relation to particular policy issues, that special representative may be invited by Parliament, or may ask to be invited, to make a statement to the committee responsible.

Justification

See justification to Rule 92.

Present text

Amendment

2. The committees concerned shall seek to ensure that the High Representative for the common foreign and security policy, the Council and the Commission provide them with regular and timely information on the development and implementation of the Union’s common foreign and security policy, on the costs envisaged each time that a decision entailing expenditure is adopted under that policy and on any other financial considerations relating to the implementation of actions under that policy. Exceptionally, at the request of the Commission, the Council or the High Representative, a committee may decide to hold its proceedings in camera.

2. The committees concerned shall seek to ensure that the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Council and the Commission provide them with regular and timely information on the development and implementation of the Union’s common foreign and security policy, on the costs envisaged each time that a decision entailing expenditure is adopted under that policy and on any other financial considerations relating to the implementation of actions under that policy. Exceptionally, at the request of the Commission, the Council or the High Representative, a committee may decide to hold its proceedings in camera.

(Horizontal amendment: "High Representative for the common foreign and security policy" shall be replaced throughout the entire text of the Rules of Procedure by "Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy".)

Present text

Amendment

3. An annual debate shall be held on the consultative document established by the Council on the main aspects and basic choices of the common foreign and security policy, including the financial implications for the Union budget. The procedures laid down in Rule 110 shall apply.

3. Twice a year, a debate shall be held on the consultative document established by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy on the main aspects and basic choices of the common foreign and security policy, including the common security and defence policy and the financial implications for the Union budget. The procedures laid down in Rule 110 shall apply.

Present text

Amendment

POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS

deleted

Justification

This provision has become obsolete.

Present text

Amendment

Rule 99

deleted

Provision of information to Parliament in the fields of police and judicial cooperation in criminal matters

1. The committee responsible shall ensure that Parliament is fully and regularly informed on the activities covered by police and judicial cooperation in criminal matters and that its opinions are duly taken into consideration when the Council adopts common positions defining the approach of the Union to a particular matter pursuant to Article 34(2)(a) of the EU Treaty.

2. Exceptionally, at the request of the Commission or the Council, a committee may decide to hold its proceedings in camera.

3. The debate referred to in Article 39(3) of the EU Treaty shall be held in accordance with the arrangements laid down in Rule 110(2), (3) and (4).

Justification

This provision has become obsolete.

Present text

Amendment

Rule 100

deleted

Consultation of Parliament in the fields of police and judicial cooperation in criminal matters

Consultation of Parliament pursuant to Article 34(2)(b), (c) and (d) of the EU Treaty shall be dealt with pursuant to Rules 36 to 39, 43, 44 and 55.

Where applicable, consideration of the proposal shall then be placed, at the latest, on the agenda of the last sitting to be held before expiry of the time-limit laid down in accordance with Article 39(1) of the EU Treaty.

When Parliament is consulted on the draft Council decision appointing the Director and Board members of Europol, Rule 108 shall apply mutatis mutandis.

Justification

This provision has become obsolete.

Present text

Amendment

Rule 101

deleted

Recommendations in the fields of police and judicial cooperation in criminal matters

1. The committee responsible for matters relating to police and judicial cooperation in criminal matters may draw up recommendations to the Council in the field covered by Title VI of the EU Treaty after obtaining authorisation from the Conference of Presidents or on a proposal within the meaning of Rule 121.

2. In urgent cases the authorisation referred to in paragraph 1 may be granted by the President, who may likewise authorise an emergency meeting of the committee concerned.

3. Recommendations drawn up in this way shall be included on the agenda for the next part-session. Rule 97(4) shall apply mutatis mutandis.

(See also interpretation under Rule 121.)

Justification

This provision has become obsolete.

Present text

Amendment

1. When the Council has agreed on a nomination for President of the Commission, the President shall request the nominee to make a statement and present his or her political guidelines to Parliament. The statement shall be followed by a debate.

1. When the European Council proposes a candidate for President of the Commission, the President shall request the candidate to make a statement and present his or her political guidelines to Parliament. The statement shall be followed by a debate.

The Council shall be invited to take part in the debate.

The European Council shall be invited to take part in the debate.

2. Parliament shall approve or reject the nomination by a majority of the votes cast.

2. Parliament shall elect the President of the Commission by a majority of its component Members.

The vote shall be taken by secret ballot.

The vote shall be taken by secret ballot.

3. If the nominee is elected, the President shall inform the Council accordingly, requesting it and the President-elect of the Commission to propose by common accord the nominees for the various posts of Commissioners.

3. If the candidate is elected, the President shall inform the Council accordingly, requesting it and the President-elect of the Commission to propose by common accord the nominees for the various posts of Commissioners.

4. If Parliament does not approve the nomination, the President shall request the Council to nominate a new candidate.

4. If the candidate does not obtain the required majority, the President shall invite the European Council to propose a new candidate within one month for election in accordance with the same procedure.

Justification

Takes account of Parliament’s new right to elect the President of the Commission.

Present text

Amendment

Rule 107a

Nomination of Judges and Advocates-General at the Court of Justice

On a proposal of its committee responsible, Parliament shall appoint its nominee to the panel of seven persons charged with scrutinising the suitability of candidates to hold the office of Judge or Advocate-General of the Court of Justice.

Justification

Corresponds to the new role of Parliament with regard to the nominations for the Court of Justice.

Present text

Amendment

1. A political group or at least forty Members may table a proposal for a recommendation to the Council concerning subjects under Titles V and VI of the EU Treaty, or where Parliament has not been consulted on an international agreement within the scope of Rule 90 or 91.

1. A political group or at least forty Members may table a proposal for a recommendation to the Council concerning subjects under Title V of the Treaty on European Union, or where Parliament has not been consulted on an international agreement within the scope of Rule 90 or 91.

Justification

The current provisions of the Title VI of the TEU, on police and judicial cooperation in criminal matters, are replaced by the provisions of Title V of the TFEU which require the Parliament to be at least consulted in these matters.

Present text

Amendment

-1. Where the Treaty provides for consultation of the Economic and Social Committee, the President shall initiate the consultation procedure and inform Parliament thereof.

Present text

Amendment

2a. Opinions forwarded by the Economic and Social Committee shall be referred to the committee responsible.

Present text

Amendment

-1. Where the Treaty provides for consultation of the Committee of the Regions, the President shall initiate the consultation procedure and inform Parliament thereof.

Present text

Amendment

2a. Opinions forwarded by the Committee of the Regions shall be referred to the committee responsible.

Present text

Amendment

1. On a proposal from the President, the Conference of Presidents shall name the members of, and may confer a mandate on, Parliament’s delegation to COSAC. The delegation shall be headed by one of the Vice-Presidents responsible for implementation of relations with the national parliaments.

1. On a proposal from the President, the Conference of Presidents shall name the members of, and may confer a mandate on, Parliament’s delegation to COSAC. The delegation shall be headed by the Chair of the committee responsible for the institutional aspects of the European integration process.

2. The other members of the delegation shall be chosen in the light of the subjects to be discussed at the COSAC meeting, taking due account of the overall political balance within Parliament. A report shall be submitted by the delegation after each meeting.

2. The other members of the delegation shall be chosen in the light of the subjects to be discussed at the COSAC meeting and shall comprise, as far as possible, Chairs and rapporteurs of the committees responsible for those subjects. Due account shall be taken of the overall political balance within Parliament. A report shall be submitted by the delegation after each meeting.

Justification

The amendment transposes into the Rules of Procedure the European Parliament resolution of 7 May 2009 on the development of the relations between the European Parliament and national parliaments under the Treaty of Lisbon [P6_TA(2009)0388], based on the report A6-0133/2009 by the Committee on Constitutional Affairs (Rapporteur Elmar Brok). It is based on the idea that the Committee on Constitutional Affairs and the specialised committees responsible for matters on the agenda of COSAC should be more strongly involved in the preparation of, and representation at, COSAC meetings.

Present text

Amendment

The Conference of Presidents shall designate members of Parliament’s delegation to any convention, conference or similar body involving representatives of parliaments and confer a mandate upon it that conforms to any relevant Parliament resolutions. The delegation shall elect its chair and, where appropriate, one or more vice-chairs.

The Conference of Presidents shall designate members of Parliament’s delegation to any conference or similar body involving representatives of parliaments and confer a mandate upon it that conforms to any relevant Parliament resolutions. The delegation shall elect its chair and, where appropriate, one or more vice-chairs.

Justification

The representation of Parliament in a Convention is dealt with in Rule 74 a (new).

Present text

Amendment

Rule 132a

Cooperation at committee level

1. The President shall endeavour to set up, in cooperation with the speakers of national parliaments, a framework for the cooperation of corresponding committees.

Within that framework parliamentary committees may autonomously establish contacts and cooperate amongst themselves. Where no corresponding committee has been designated in a national parliament, the responsible committee of the European Parliament shall address itself directly to the speaker of the national parliament concerned.

2. The committees may take action pursuant to Rule 132b within the limits of budgetary appropriations set aside for the cooperation of committees with national parliaments. The distribution of such appropriations amongst committees shall be determined by a decision of the Conference of Committee Chairs.

Present text

Amendment

Rule 132b

Pre- and post-legislative dialogue

1. The committee responsible for a legislative item may take appropriate action to provide for a full dialogue with national parliaments at committee level on any envisaged item of European Union legislation, from the legislative programming phase until the phase of implementation of the adopted act.

2. The committee responsible may in particular decide to organise video conferences, individual contacts or meetings at one of Parliament’s places of work or missions to other places

– at the level of rapporteurs,

– involving also shadow rapporteurs and/or coordinators,

– or between the full committee and committee chairs and/or rapporteurs from national parliaments,

– in order to respond to any request from a national parliament for support in its scrutiny of draft Union legislation.

Present text

Amendment

Rule 132c

Transmission of documents

Any document concerning a legislative procedure at European Union level which is officially transmitted by a national parliament to the European Parliament shall be referred to the committee responsible for the subject-matter dealt with in that document. The document shall be translated into the working languages of the committee’s coordinators. If the committee responsible considers it appropriate to follow the matter up, it may decide to proceed in accordance with Rule 132b.

Present text

Amendment

12. Without prejudice to Article 197 of the EC Treaty, the President shall seek to reach an understanding with the Commission and Council on appropriate allocation of speaking time for them.

12. Without prejudice to Article 230 of the Treaty on the Functioning of the European Union, the President shall seek to reach an understanding with the Commission, the Council and the President of the European Council on appropriate allocation of speaking time for them.

(This paragraph shall become the last paragraph of Rule 149)

Justification

Adaptation to the changing status of the European Council.

Present text

Amendment

1. At the first committee meeting after the election of committee members pursuant to Rule 186, the committee shall elect a bureau consisting of a chair and one, two or three vice-chairs who shall be elected in separate ballots.

1. At the first committee meeting after the election of committee members pursuant to Rule 186, the committee shall elect a bureau consisting of a chair and of vice-chairs who shall be elected in separate ballots. The number of Vice-Chairs to be elected shall be determined by Parliament upon a proposal by the Conference of Presidents.

Present text

Amendment

Appointment of the Ombudsman

Election of the Ombudsman

Justification

Technical adaptation to the wording of the Treaty.

Present text

Amendment

7. The person appointed shall immediately be called upon to take an oath before the Court of Justice.

7. The person elected shall immediately be called upon to take an oath before the Court of Justice.

Justification

Technical adaptation to the wording of the Treaty.

Present text

Amendment

Article 2

deleted

Rate

1. Subject to the conditions set out below, any Member may table and speak in support of proposals for decisions fixing a new maximum rate.

2. Such proposals shall be admissible only if they are tabled in writing and bear the signatures of at least forty Members or are tabled on behalf of a political group or committee.

3. The President shall set the time limit for the tabling of such proposals.

4. The committee responsible shall report on these proposals before they are discussed in Parliament.

5. Parliament shall then vote on the proposals.

Parliament shall act by a majority of its component Members and three fifths of the votes cast.

Where the Council has informed Parliament of its agreement to the fixing of a new rate, the President shall declare in Parliament that the amended rate has been adopted.

If this is not the case, the Council’s position shall be referred to the committee responsible.

Justification

This provision becomes obsolete.

Present text

Amendment

Article 5

deleted

Consideration of the Council’s deliberations – second stage

1. If the Council has modified one or more of the amendments adopted by Parliament, the text thus modified by the Council shall be referred to the committee responsible.

2. Subject to the conditions set out below, any Member may table and speak in support of draft amendments to the texts modified by the Council.

3. Such draft amendments shall be admissible only if they are presented in writing, bear the signature of at least forty Members or are tabled on behalf of a committee and ensure the maintenance of a balance between revenue and expenditure. Rule 49(5) shall not apply.

Draft amendments shall be admissible only if they refer to the texts modified by the Council.

4. The President shall set the time limit for the tabling of draft amendments.

5. The committee responsible shall pronounce on the texts modified by the Council and deliver its opinion on the draft amendments to the modified texts.

6. Draft amendments to the texts modified by the Council shall be put to the vote in Parliament without prejudice to the provisions of Article 3(4) second subparagraph. Parliament shall act by a majority of its component Members and three fifths of the votes cast. If the draft amendments are adopted, the texts modified by the Council shall be deemed rejected. If they are rejected, the texts modified by the Council shall be deemed adopted.

7. The Council’s summary of the results of its deliberations on the proposed modifications adopted by Parliament shall be debated and a motion for a resolution may then be put to the vote.

8. Upon completion of the procedure provided for in this Article, and subject to the provisions of Article 6, the President shall declare in Parliament that the budget has been finally adopted and shall arrange for its publication in the Official Journal.

Justification

This provision becomes obsolete.

Present text

Amendment

Article 6

deleted

Total rejection

1. A committee or at least forty Members may, for important reasons, table a proposal to reject the draft budget as a whole. Such a proposal shall be admissible only if it is accompanied by a written justification and tabled within the time limit set by the President. The reasons for rejection may not be contradictory.

2. The committee responsible shall deliver its opinion on such a proposal before it is put to the vote in Parliament.

Parliament shall act by a majority of its component Members and two thirds of the votes cast. If the proposal is adopted, the draft budget as a whole shall be referred back to the Council.

Justification

This provision becomes obsolete.